more-- >> could be because of tguppies. >> thanks for joining us. >> "america live" starts right now. >> fox news alert on one of the biggest man hunts in lapd history as we wait this our to learn weather accused cop killer chris dorner is in fact dead or whether somehow against all odds, and all evidence he may somehow still be on the run. welcome to america live everyone, i'm megyn kelly. we understand that protected details for you lapd officers remain in place and will stay that way until the body, charred, the remains of that person is positively i.d.'d, the dramatic manhunt looked like a dramatic finish. did you watch this before the state of the union, i was riveted. high drama as we've watched this case we've all been following come to an end.

fire fight between dorner and police on live tv. only when the cabin police had surrounded went up in flames. today we're getting a much better idea what the officers and reporters in the area were dealing with, listen to the dramatic and terrifying highlights from those who were at the scene. >> a lot of these authorities cover themselves. . [gunshots] >> shots fired. officer down, officer down. >> the officer down, copy. >> officer down. >> copy, another officer down. >> 445 suspect-- . [gunshots]

>> we have the suspect holed up in a cabin and trading shots with him. >> megyn: what those police went through. william la jeunesse live at lapd headquarters in los angeles today, william? >> reporter: well, megyn, san bernardino county sheriff controls that crime scene and the results will come from there. a wallet containing chris dorner's driver's license was found in the basement of the cabin in all likely a coroner through dental records will finally confirm his identity. while yesterday brings an end to unfortunate and really humiliating chapter in lapd history the story is not over. the department is going to reopen, it says, at that case that led to dorner's firing and examine, if necessary, address issues of racism, race in that manifesto.

and officers will mourn those he killed, including a deputy who bravely confronted dorner yesterday, holed up inside that cabin. >> it was horrifying to listen to that fire fight and to hear those words, officer down is the most gut wrenching experience that you can have as a police officer. >> reporter: now, dorner may be dead, but the murder investigation is not over. the department will go through evidence, gathered in this case at dorner's home, cell phone records, maybe wire taps and possibly any accomplices who knew where he was or what he was doing or did he actually carry this out entirely on his own. anybody who has assisted him, assisted him in hiding from the police department, assisted him in avoiding capture or assisted him in any way is criminal lly culpable and

los angeles police department will not leave any stone unturned to help this man in his crime and eluding capture. >> the 1 million dollar reward will determine whether or not the cleaning ladies or additionally the man who called the deputy after he was carjacked are entitled to any of that. a originally, the language under arrest and conviction. the sergeant says i enjoy my job and never thought i'd look forward going back to work. >> megyn: wow, all right, william, thank you. this hour, family, friends and fellow police officers will gather to remember one of dorner's victims, it is believed dorner was the perpetrator. riverside offic riverside krain they were ambushed and never had a chance to return fire and the other officer is expected to

survive. officer crain worked in the department and two tours in kuwait. a wife, a ten-year-old son and four-year-old daughter. a large crowd is expected to attend his funeral and we hope to bring you part of that memorial a little later in the show, just one of this man's victims as we watch this case now hopefully conclude. well, this story is raising some troubling questions about the public's-- the public's reaction to this case. christopher dorner now has dozens of facebook fan pages with thousands of likes. some people cheering his cause, labeling him a hero. next hour, we will talk about that with former l.a. police chief bill bratton, this guy credited with guiliani for cleaning up new york city and went out to l.a. and made a huge difference there as well. he is a player in police circles and named by dorner in the manifesto. dorner not happy with bill

bratton beloved by many out in l.a., including the lapd credited with making a lot of great changes there. how is he reacting to the news today and how does his family feel now it appears that dorner has been-- well, that he's dead. we'll speak to him when he joins us live. in minutes mark fuhrman will be here as well. a fascinating take how we got to this point and how the media may have unnecessarily fueled this guy's fire. he's here live in moments. growing right now an efforts to block the president's pick of treasury secretary. and some are saying jack lew of deliberate deception, took him to task over how he manages his own finance, a bonus of nearly a million dollars from citigroup, the bonus after you, the taxpayers, gave citi a 45 billion dollar bailout.

why were we giving this guy a million dollar bonus for running the company to the point where we needed to bail them out? that's one of the questions that mr. lew is dealing with. plus the would-be treasury secretary took questions have he had investments in the cayman islands where people try to typically go to avoid paying certain taxes. listen. >> why is the investment-- >> senator, i don't know why it was organized i wasn't involved in setting up the fund. >> did you pay taxes on that investment. i reported all income related to that investment on my tax forms. i paid all my tax. >> and explain why it would be morally accessible to take close to a million dollars out of a company that was functionally insolvent and about to receive a billion dollars of taxpayer support. >> senator, in 2008 i was an employee, in the private sector, and compensated in a manner consistent with other people who did the kind of work that i did in the

industry. >> joining me now chris stirewalt, host of power play on fox news live. and he gets a bonus, a million bucks for work in 2008. it's not like it was back in 2000 or 2010, 2008 the year in which we had the collapse. so he gets paid a million dollars after you and i and all the viewers gave citigroup 45 million dollars in bailout money and a lot of people are asking why did a million dollars of our money go to as a bonus payment to this guy for his good work? and he, you heard him saying sort of standard issue and practice, is this a problem for him? >> oh, yeah, it's a problem and liberals and conservatives alike don't like the bank bailouts, that's true. they were considered a wretched necessity at the time that tarp, as it was called, but look, here is the thing, you can certainly say that jack lew deserved the bonus and here is why. the reason that banks loved to hire people who were formerly

powerful government officials, they're a heavily regulated industry and heavily dependent on the government and they got the bailout. so, what's the point of hiring somebody like jack lew. i'm sure he has a lot of abilities, acumen on balancing the budget sheets and these things. that's fine, but they have a lot of-- the reason you hire people like jack lew is for entree into washington and help getting things done in a highly regulated industry and could you argue he earned every penny. >> megyn: the wall street journal asking the question did mr. lew feel guilty the check from the taims and president obama the champion of the middle class and this guy got a million dollars of money for a company who needed our bailout. issue number two, his investments in the cayman islands. they're perfectly legal, right? no one is challenging that these are illegal in any way, a question whether our

treasury secretary should be dodging or a loophole out of paying the top rate in taxes. just for context, chris, before we go to what mr. lew did and how he had money in the kaymans, here is a calook at the campaign. >> and this is a man who says that president barack obama is out of touch. out of touch with the needs of the american people. this coming from a man until recently had a swiss bank account and millions of dollars invested in the grand cayman islands. >> i'd really like to see mitt romney release more than one year of tax records because there's been disturbing reports that he's got a bermuda corporation, a secretive bermuda corporation nobody knows anything about. investments in the caymans, a swiss bank account. >> megyn: and it goes on from there, but it was suspicious

when mitt romney did it and now, the administration doesn't seem to feel the same about it. >> well, it was not just to the suspicious to the obama campaign, it was morally wrong. it was legal they said, but it sets the bad things about mitt romney's character and david axlerod even said the president could have done that with his wealth, but opted not to because that's not where the president's heart was, so you have to wonder what kind of person would do that and then you hear mr. lew who wants the run the agency, that he was trying to avoid by putting money overseas, just like mitt romney was, say, i paid all the taxes i was required to and it's obviously, you could hear sort of the groan emitting from the bench from the senators questioning. >> megyn: and the testimony including that he gave back in 2011 suggesting that our spending is not going to increase the debt. we no longer spend money we don't have that he's going to get questioned about and the

word on him from some in washington, he's ideological and a yes-man to the president a tim geithner was said not to be and one to pushed yes to john boehner, and sounds like jack lew is less pressing to president to do anything he would not want to do. thank you for being here. >> you bet. >> megyn: we'll continue to watch it. we're getting a look at brand new video shall the shooting at the fort hood installation. a look where the fire fight left several soldiers dead and dozens of others wounded and we're also now hearing from a survivor of that. a real hero. the woman you see right here with the first lady back at the state of the union in 2010. hailed as the heroine that they were, got hassan and

stopped shooting. and why the army sergeant says the commander-in-chief betrayed her and she voted for barack obama and now she says he's betrayed her and the rest of the fort hood victims coming up. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle. i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

>> back now to our top story, right now, authorities are working to positively identify a body found in the rubble of a burned out cabin looking for confirmation that christopher dorner is dead. this from a man who said he came face-to-face with dorner yesterday afternoon. he runs a boy scout camp and he was patrolling in his truck when dorner walked out of the woods pointed a gun at him and ordered him out of his truck. take a look what happens next. >> he said i don't want to lu hurt get out of the truck,

take your it dog and i was in fear for my life, there was no panic. i do what he wanted me to do. and he was dressed in camouflage and sniper type rifle, a vest on like a bullet-proof vest, he was dressed up to do some damage it looked like. >> megyn: mark fuhrman a former lapd homicide detective and a fox news contributor and now we believe that chris dorner is dead after all of this carnage and media coverage and terror that people have been put through. you have a different take on this guy. you don't see him as some trained cia type guy we needed to fear to this extent. you think he was a bit of a bungler. what do you mean? >> well, megyn, when you look at his career in lapd you can certainly see that he bare had i had enough training on lapd and experience to ride in a police car by himself. he had problems in the academy from day one and we didn't see

any of the-- or otherwise describe the problems he had in the academy and he had an accidental discharge with a firearm at the academy shot himself in the hand and two day suspension. we look at the videos of printing and he kind of looks like a dork. he doesn't feel comfortable with the weapons you can see it in the way he handles himself and they report his military experience. the unit he was in is basically a mobile communications unit in the navy and i'm sure he had exposure to weapons training just like anybody in the military does, but when you look at his manifesto you'd swear you were up against 007, jason bourne, rambo, and that isn't the case. and he wasn't a highly trained lapd officer. he was a barely trained lapd officer. >> megyn: and we apologize to the audience, a few audio hits in mark's satellite feed, but

we can hear you okay, mark, so we'll keep this going. why do you think that the media create that had narrative and went with that rather than questioning that? why do we do this in so many case, we sort of glamourize these killers? >> when you -- it's much more interesting and the way that they describe somebody, highly trained marksman. he wasn't a highly trained marksman. he had the basic training. he didn't... he had difficulty the entire time he was on the job and i think they do it for the entertainment quality, the kind of sexy drama playing out in real life. and it damages-- it really damages officers ability to do their job because this guy's watching. you're actually feeding his ego right through his manifesto, you are taking it hook, line and sinker. like the part in the

manifesto, he says surface to air, shoulder held weapons that he could shoot down aircraft. i mean, are we serious? we're not going to question this? >> it's interesting because we had dr. alan littman on saying something similar, every day he eludes capture feeds his gra grandosity. we have a roll to play and maybe needs to be reexamined in the wake of the shooting we've seen. i want to ask you what you think the affect is on the los angeles police officers, many had targeted and names listed in the manifesto as being his target and 24 hour protective detail and some of them still have it until they identify the body. >> and a vulnerability and most of the officers are out

in uniform and they're an easy target anytime of the day, but families are usually hands off so that kind of hits home. but when you look at this whole situation, i want everybody to understand that chris dorner came on this scene, but there are hundreds of chris dorner's that play out every day in los angeles and every big city in this country where officers are engaged in violent confrontations, shootings, tracking down violent, murderous criminals and this is something they do. and instead of opening up chris dorner's complaint that he had in the manifesto, you should maybe try to figure out just how he got hired on the department. and that's what your question should be be. not his pathetic manifesto. >> and we will ask that of billy brentton.

new details of a texas father murdering a drunk driver after watching the man strike and kill his two young sons. stay with us.

♪ >> the somber goodbye just getting underway in riverside, california for an officer killed in the line of duty. police officer michae last thursday when he and a fellow officer were ambushed. it's believed his killer was christopher dorner. he worked in the department 11

years and marine veteran served two tours in kuwait and can you imagine this is how his life ends? he's serving our country here now domestically and a former l.a. police officer pulls up next to him and kills him point blank, he had no chance to respond. that's what we were dealing with with christopher dorner say authorities. this man leaves behind a wife, ten-year-old boy and four-year-old little girl and he will now be honored by his comrades in riverside, california. ♪ new details today in the seemingly never ending saga for nearly 4200 passengers. keep that number in mind. stuck on a disabled carnival cruise ship in the gulf of mexico for three long days. 4200 people. at this hour the ship is slowly towed to mobile, alabama, hasn't the towing

been going on for some time. as passengers on board report, fights over food and foul smells almost every floor and endure what most describe the most disgusting and unsanitary conditions they have he' experienced. carnival ceo mickey airson is accused of added insult to injury as he was spotted at a miami heat basketball game yesterday. a team he happens to own. oh, no. casey stegall following it live for dallas, one thing you don't do. 4200 people are out there have toilets and he's up at the basketball game. >> reporter: we have to point out that he's the ceo of carnival corporation, which is the umbrella company. >> megyn: that changes everything. >> reporter: well, while he was at the basketball game, the president and ceo of carnival cruise lines was holding a press conference down there in miami. >> megyn: it doesn't matter, casey, trust me when i tell you the 4200 people and their families are not going to give him a pass. >> reporter: well, you know,

they're of course apologetic as far as what is going on, what can they do? they're going to be giving the people a refund for the current cruise and then a credit for an existing cruise if they even want to get on another ship after this is all said and done. passengers have been sending text messages to loved ones as you know, describing how they've had to sleep outdoors just to get fresh air, how the food supply is dwindling and the fact that very few toilets work. the president said it's too dangerous to just transfer the thousands of people to another ship in the middle of the choppy waters of the gulf of mexico, and as tough as it is, he's asking for folks to please be patient. >> let me assure you that no one here from carnival is happy about the conditions on board the ship and we obviously are very, very sorry about what's taking place. there's no question he that conditions on board the ship are very challenging. >> reporter: challenging to say the least. the carnival triumph left

galveston, texas thursday for a short cruise to mexico and scheduled to return this past monday. a weekend fire in the vessels' engine room and fortunately there have been no injuries on board. while it's not an ideal scenario, a lot of of family members know that it could be much worse like this woman whose daughter is on board. >> i have a strong faith and my heart says that she's going to be okay. so on that respect, i'm okay. if i could hear from her one more time i'll be even better. it's difficult, but i'm not frantic yet. >> reporter: now, this cruise ship is supposed to dock in mobile, alabama sometime between 1 and 4 p.m. tomorrow, megyn, i think it's safe to say they're going to be super happy to be back on land. >> megyn: oh, man. on the bright side i'm told that the miami heat won that game so you know, i'm sure the

ceo-- . >> reporter: the sacrifice was worth it. >> megyn: i'll see about that. casey, thanks. >> reporter: you've got it. >> megyn: we're getting brand new video today in it's dramatic and disturbing and it shows the aftermath, the immediate aftermath of the fort hood shooting. as we get the first look at this where the fire fight left several soldiers dead and wounded. the heroine of the attack with the first lady, she and her partner are credited with taking down hassan and why she was invited to the state of the union in 2010 and next to the first lady and why the former army commander said the commander-in-chief for whom she voted has betrayed her and the rest of the fort hood victims. and news for this popular restaurant after the second spokesman in a row dies of a heart attack after eating at

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>> stunning claims of betrayal against president obama from a heroine of the fort hood shooting rampage. on that day in 2009 then sergeant kimberly amongly was shot, and confronting major hassan and her partner after he shouted allah akbar, killing 13 soldiers, killing 13 soldiers and wounding another 32. now, she's seen in this picture, next to the first lady, munley, she was the first lady's guest at the 2010 state of the union address accusing the president of breaking the personal promise to help her. trace gallagher with the report. >> reporter: you remember the days after the shooting, kimberly munley was said again and again to be a hero along with her partner, really credited with stopping hassan during the shooting and this video, by the way is kind of graphic and show you this

obtained by abc news and kind of shows the chaos in the aftermath, hunley and her partners were dealing with. soldiers and police trying to help the wounded and others, as you can see kind of lying in blood and then, at the 2010 state of the union, munley, as you said, sat next to the first lady, was very promine prominently place and now three years later munley was laid off from her base and she was a civilian cop at fort hood and she felt she was used as a political prop for political gain and she says the president broke his promise and she and her victims have been forgotten and betrade. listen to her. >> betrayal would be a good word, not to the least little bit have the victims been taken care of. in fact, they've been neglected very badly. >> reporter: now, munley's main complaint the u.s. government has not designated

the fort hood shooting as a terrorist attack, but as a workplace shooting and because of that victims are denied purple hearts and wider access to health and financial benefits. 148 victims and their relatives have now sued the department of defense to get the designation changed, among them the other hero in this case, sergeant mark todd. listen to him. >> it's not workplace violence, it is a terrorist act. this man was following orders from awlaki, performing his jihad. >> reporter: the pentagon now issued a statement and i'm quoting here, the department of defense is committed to the highest care of those in our military families. the department of defense is committed to the integrity of the on going court martial of hassan and won't further characterize the incident and won't change the designation and yet, authorities have said that hassan yelled allah akbar

before he shot at fort hood and reportedly at the request of awlaki who was later killed in a drone attack. and the designation will not change. >> megyn: at least not for now. trace, thank you. for more on these claims, let's bring in monica crowley a fox news contributor and kirsten powers, also a fox news contributor. what a turnabout for this woman, this heroine who said she voted for barack obama in 2008, and she said it was a huge honor to be there next to the first lady, bigger than going on oprah which she also did and she says she feels betrayed and that they used her for political gain. monica, your thoughts. >> there are two parts to it. first the personal betrayal that sergeant munley feels because the president personally gave her his word

that they would all be taken care of. so, there's a bit of hypocrisy that she's pointing to in the president's broken promises. the second part of this, which is the bigger story, obviously, is the designation of what happened at fort hood as workplace violence, which is patently absurd. major hassan for months leading up to this attack was passing out business cards that called himself soldier of allah. he was dressed in muslim garb, carrying a koran, increasingly radicalized, public speeches to his colleagues on the base radical islam and how to carry out jihad and on the attack, shouted out allah akbar and carrying out on the name of his faith and islam. it's clearly a terrorist attack and what they're saying is, look, we just want proper medical care and want our benefits due to us and we cannot get them. >> megyn: they're getting medical care and they're getting benefits, but there's

a difference in the way you get care and benefits if you're wounded in combat or as a result of a terrorist act versus just a veteran who didn't serve overseas. >> that's right. >> megyn: so kirsten, here is the thing the from the army, to award a purple heart and want it declared a terrorist act. we have to declare it a foreign terrorist element this guy. but says to declare this soldier a foreign terrorist, we're told that it would have a profound effect on the ability to conduct a trial and seems to be suggesting the court martial of hassan could be jeopardized if they now start calling this terrorism. >> you know, okay. square this with the fact that they just, the drone attack on anwar awlaki an american citizen, they have no problem calling him a terrorist and killing him, but now calling this person a terrorist in the fort hood attack would make it a foreign terrorist attack? i mean, they've just

completely lost me on this one. and i think that in all the things that monica laid out, you know, to say, well, this was clearly a terrorist attack, i actually could argue it's possible that somebody could behave that way and be kind of a nut-job, what makes this clearly a terrorist attack he was in communication with the awlaki, the president think he's enough of a terrorist he killed him without due process, to me it's an open and shut case, there's no-- you can't have both ways be true. >> why won't they do it? why wouldn't we declare this a terrorist attack, the guy is yelling allah akbar before he kills a dozen service members on an army base as they're about to deploy to afghanistan, by the way. why? why, monica, why went they do it? >> i'm speculating, but i think there's politics involved. in the president's first term he made a big show of saying that he was using the drones, as kirsten points out, that we were decimating al-qaeda. that al-qaeda was on the run and over the last four years we know that that is not the

case, that al-qaeda is actually on the rise in places like north africa, and elsewhere. so, to have this kind of terrorist attack happen on u.s. soil, that kind of destroys the narrative and it dove tails with what we've seen come out of benghazi. that was more immediate coming up to last year's election. but there is a real reticence on the part this have administration to call radical islam by its name, to call an act of terror against the united states in our interests. >> and this guy, john mccue, the secretary of the army also told abc that he was unaware of any complaints from the fort hood victims even though he's been named as a defendant in the lawsuit filed last november and we've had victims on the show months and months and months ago, how could he be unaware. >> our government has done an abominable job and that's another segment, i think, but the other-- the other thing that really concerns me about this is that the government was complicit, actually, in this attack

because they had known for a year before that the fort hood shooter was in communication with anwar awlaki, who again, they killed for being such a dangerous terrorist. so, you know, they allowed these people to continue to work with this person who was a ticking time bomb, and ended up killing all of these people. so, you know, they have-- they bear is direct responsibility for what happened and the people that were killed. >> megyn: i've got to run, republican lawmakers are trying to push through the legislation for the status of the victims at fort hood. >> no more political correctness as kirsten points out. >> megyn: thank you both so much. >> thank you. >> megyn: two visions for helping the middle class laid out by president obama and marco rubio last night and in three minutes we'll ask militia reagan about the duelling proposals and the road ahead for our struggling economy. >> it's our unfinished task to make sure that this government works on behalf of the many, not just the few.

>> more government isn't going to help you get ahead. it's going to hold you back.

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>> two very different competing visions for helping the middle class, taking center stage in washington last night. president obama and republican senator marco rubio of florida last night both detailed how they think america's economy can get back on track. >> it is our unfinished task to make sure that this government works on behalf of the many. not just the few. that it encourages free enterprise, rewards individual initiative and opens the doors of opportunity to every child across this great nation. >> more government isn't going to help you get ahead, it's going to hold you back. more government isn't going to create more opportunities, it's going to limit them. more government isn't going to inspire new businesses, new private sector jobs, it's going to create uncertainty. >> megyn: joining me now,

political consultant michael reagan, chairman of the reagan group. michael, watch to you on this ash wednesday. wow, it seemed to me when i listened to those two men last night that marco rubio and the republican party are not ceding any ground when it comes to the middle voters? >> and they shouldn't. you look at the president of the united states. the fact of the matter is all he did was layout more government, more government, more government. that has not helped the middle class. just ask those people who got the paycheck since january 1st how much more they're being paid this year than last year and they'll all say i'm getting less money this year than i got last year. this president talks about helping the middle class. the only class helped is sitting in front of him last night in the congress of the united states. >> it's interesting to see the pundits and their take how the messages came out last night and "the washington post," described president obama's plan as one of economic fairness, shared sacrifice, and aggressive government.

now, that the president tried to offer as the solution to the middle class. you know, that this shared sacrifice will be pinching the risk and aggressive and big government. marco rubio came out and said you can have a better life in the middle class, but you don't have it make taxpayers pay more, you need more taxpayers. >> that's right. you need more taxpayers, you need more jobs. you'll never see a photo-op of the president of the united states with people who just received a job standing behind him because people are losing jobs. we're contracting. i think one of the great lines marco rubio talked about last night when he talked about, i just want to help my neighbor. and that's when all of us in fact would like to do, but your neighbor and your neighborhood are sinking because the government has gotten so big that in fact, they're taking away from those people who in fact would create the jobs, would create opportunity, and would put the

middle class back to work in the united states of america. it does nothing to help this young girl i talked to just yesterday from starbucks, 21 years of age, bought a new car just before christmas and now wondering if she can make the payment because she's making 200 less a month now in paycheck money than she was making when she bought the car in december. last night's speech by barack obama did nothing to help that 21-year-old girl working at starbucks taking care of her life. it did nothing for her. and it will do nothing for her. >> megyn: it seemed like in the last election, president obama did an effective job of convincing the middle he was for them and romney was for the rich. marco rubio came out last night and said our free enterprise system is the source of middle class prosperity, but barack obama believes it's the cause of our problems. he's trying to tell them that he also wants to help them up, but he has a much different approach, that the republicans have a much different approach and it's because of things like that that karl rove called him the most effective communicator since a man named

ronald reagan. i want to get your thoughts on that right after this break. i gave birth to my daughter on may 18th, five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story. before you begin an aspirin regimen. ♪ savor and explore, a the great indoors ♪ ♪ ♪ friskies indoor delights. ♪ feed the senses.

>> michael reagan is back with us now, most effective communicator, marco rubio since ronald reagan, what do you think. >> rubio communicated wonderfulfully last night. my father would be proud of the super job that marco rubio did. and back to barack obama, here is a man you may not agree with what he says or stands for, but he communicates what he stands for very well. the unfortunate thing we on the other side of the equation, up until marco rubio last night, could not communicate to our candidate what we really stood for. he had no message. mitt romney was a man with no message and barack obama was a man with a bad message, but knew how to sell it.

>> megyn: you see two very different messages from mitt romney and marco rubio. that 47% comment by mitt romney did not help him and seemed to alienate him from a huge swath of the american public. rubio got up there, my dad was a bartender, my mom a waitress and cashier, i don't come from a silver spoon. i still live in the community i grew up in. i'm one of you and the reason why i believe in these conservative ideals. effective? >> oh, absolutely. you look at the history of my father, his father was an alcoholic, born in a poor town in dixie illinois and grew up, we didn't know we were poor until the government told us we were in fact poor. so similar in so many different ways and marco rubio communicates that so very, very well. he is needed in this party for that kind of communication, but all we can do now is say, listen, when humpty dumpty falls apart and off the wall, which it will.

we conservatives will be here to pick up the pieces. >> megyn: did you ever dad get nervous as senator rubio did, clearly with the sweating and water? did he have nerves? >> he didn't get nervous like that he'd like to pull that one back. i remember one time my dad drpd cards, picked them up, and shuffled the cards and started the speech where they were. >> megyn: and of may not have happened to your father, but happened to megyn kelly, where is my saliva. thank you. >> thank you. >> megyn: as twisted as this sounds, christopher dorn's war against the lapd produced dozens of facebook pages with thousands of likes. and today people are getting dorner tattoos. and who had this man, biltol brenton on a hit list.

the unofficial spokesperson of the heart attack grill dies of a heart attack and he's the second to do so. incredible new video of a skier with nerve the steel doing a back flip outrunning an avalanche. see how this ends ahead. oh this is lame, investors could lose tens of thousands of dollars on their 401(k) to hidden fees. is that what you're looking for, like a hidden fee in your giant mom bag? maybe i have them... oh that's right i don't because i rolled my account over to e-trade where... woah. okay... they don't have hidden fees... hey fern. the junkrawer? why would they...

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>> fox news alert. 12 hours after his big push on the economy, president obama hits the road to sell his plan and take some heat over his economic claims. brand new hour here of "america live." the president took a quick trip to lobby for the jobs plan he laid out in the state of the union address. the proposals he says will not add to the deficit. the rnc seizing on that going after the president with a new ad questioning the president's claim. >> i will not sign plan that will adds one dime to our deficit. >> the only way, add one dime to our deficit. >> washington started taking responsibilities for every

dime so it doesn't add a dime to our deficit. >> megyn: chief white house correspondent ed henry joins us live from the white house with the latest, hey, ed. >> reporter: good to see you, the white house pushed back on that ad and other attacks from republicans about the president's state of the union as they say the president is not really asking for a lot of new federal money, instead wants to repurpose some money already in the system and put tax reform on the table, something speaker boehner talked about as well. eliminating deductions and loopholes and what not, that the white house needs to bring in about 400 million dollars that could pay for some of the programs the president laid out last night and he's out on the road last night, he's in north carolina giving a speech, trying to say that his focus now is all about the economy and the middle class. he's not using the word spending, instead he keeps saying he wants investments. take a listen. >> i talked about making sure that the kids are getting

early childhood education, make sure that our high schools are preparing our children for a high-tech economy. and making sure that colleges are affordable and accessible to every single american. and i believe we attract new jobs to america by investing in new sources of energy and new infrastructure and the next generation of high wage, high-tech american manufacturing. >> reporter: now, speaker boehner was very quick to push back today that on some of these populous proposals that the president came up with last night, including the increase to the federal minimum wage of 7.25 an hour to $9 an hour and speaker boehner saying that's maybe going to help some people in the short-term and hurt small businesses that may then layoff some workers and he thinks it will actually lead to jobs being lost and speaker boehner also charges that he's heard this refrain from the

president before. that if he comes up with new programs and still pay for it. take a listen. >> i think most americans believe that we've got to stop government overregulation that is strainingling our economic growth. yesterday the president offered of more of the same, higher taxes and more stimulus spending. >> reporter: the big picture, democrats at the white house last night briefed by white house officials before the state of the union what the president would be pitching had told me behind closed doors, white house officials were a lot more nervous privately about the state of the economy than they're letting on publicly, touting the fact that car sales are you up, the housing market are starting to turn around and positive signs like that. on the other hand we see economic growth going in the wrong direction, unemployment going in the wrong direction again and what i'm told by top democrats and white house officials are signaling today's trip to north carolina is about the start of a six week push by the president to focus back on the economy,

megyn. >> i like your purple pink combination with the blue background and haven't listening to the last two lines were you saying, i've been admiring it. >> reporter: that's good to hear. >> megyn: i want to let you know. he looks nice, doesn't he ed. especially today. besides the jobs push and call for immigration reform and warning about the new rules on global warming, there was a powerful moment at last night' state of the union address where president obama called for a vote on gun control. >> hadiya's parents, nick and cleo are here in the chamber, along with two dozen americans whose lives have been torn apart by gun violence. they deserve a vote. they deserve a vote. [applaus

[applause]. they deserve a vote. gabby giffords deserves a vote. the families of newtown deserve a vote. >> megyn: but who's stopping the vote? steve hayes is the senior writer with the weekly standard joins me now. steve, jennifer ruben of "the washington post" has an interesting piece in which she says flat-out that this is manipulative theaterics and it's bizarre, because there is he' somebody he needs to point to to get a vote on gun control and it happens to be a democrat by the name of harry reid. >> right, a democrat by the name of harry reid, who has opposed some of the very kind of things that president obama is calling for a vote on this time. so, yeah, i think the president should nudge people in his own party to do the things that he wants them to do. we haven't seen him do it on gun control, certainly didn't

see him do it on immigration and never did it on senate budge proposal. >> megyn: she calls it an empty gesture untied to political reality. if you watched that moment, he seemed to be implying that there were lawmakers there and one would assume it was lawmakers on the opposite aisle from the president who are going to stop gabby giffords and other victims of gun violence from getting a vote on this legislation. that's not the reality right now in the u.s. congress. >> you're right and look, anytime the president speaks in a venue like this, he's got several audiences and clearly what he's saying is not for the members of congress in front of him. as you point out. harry reid could have a vote anytime he wants to and i think the president trying to build a public case to get, to rally public opinion so that folks out in the country particularly in the red states where such gun control measures are not likely to be popular will push their members of congress just to do something and push harry reid

to hold the vote. >> megyn: that's the problem that the president has. that's what's really going on here, he said he's going to in the second term appeal more to the american people than the lawmakers and usually saying on the opposite side, but in this case on his own side as well. a point that general jennifer r writes as follows. i imagine at this part of the seat. red state legislators are breaking into a cold sweat. the 60th vote on the unpopular obamacare and now the president wants them to vote on an assault weapons ban and tax hikes, climate control legislation? it's a political nightmare she says for them. >> yeah, i think there are a handful of democratic senators from red states who are going be to be increasingly uncomfortable with what the president wants to do particularly with the agenda items that are, you could say sort of cultural issues, whether it's immigration, gun control, you name it. the president has made clear he intends to follow through on these pushes. he said shortly after sandy

hook he was going to make a serious and concerted push for gun control measures. we're seeing him do it. democrats in red states are not going to like that. it's going to put them in increasingly difficult issue, and you're likely to see more with immigration and democratic senators in red states on fiscal and economic issues. i mean, the comments the president made last night on debt and deficit i thought giving short shrift on those issues they matter particularly in red states, that's tough for those democratic senators as well. >> megyn: so what happens going forward? because if these red state democrats and what is it, six seats that the democrats need, a net gain of six seats, the republicans need to gain in order to control the senate chamber. >> right. >> megyn: so, it matters how these constituents in the red states see these democratic senators. if they go along with the president's agenda are there

therefore jeopardizing that party's control of the senate? >> absolutely. i don't think there's any question about it. right now, i would say that the field mass tilted pretty seriously against democrats for the senate in 2014 precisely because so many of these democrats were swept into office when president obama first won election in 2008. so, there was this wave election, a lot of them came in on his coat tails and asking for an agenda that is unapologetically more progressive than the one he pushed earlier in the first term. he ran in 2012 as a progressive president. he won. the president thinks this was an affirmation of that record, i think rather understandably from his perspective. he's now pushing an agenda that's going to put some of these seats in jeopardy. they're going to choose on one hand and loyal to the president on the other. >> sort of what we saw with obamacare and we know how that turned out. thank you for being here. >> you bet, thanks, megyn.

>> megyn: coming up, a possible new fix to one of the biggest problems this past election day. how some states are looking to avoid the frustration. and the heart attack grill faces legal problems after the unofficial spokesman dies of a heart attack. he's not the first spokesperson of the heart attack grill to die. and look how the waitresses are dressed. and that's the sh stilick. we'll ask the police chief why christopher dorner, an accused mass murderer has gained a following, and some supporting his cause and getting chris dorner tattoos. after this break. >> he was dressed in camouflage and a big assault sniper type rifle, i couldn't see for sure if he had a side arm or not and he had a vest on, you know, like a

bullet-proof vest. he was he dressed up to do some damages it looked like. a. a lot more flavor. [ anouncer ] ihop's new griddle melts... made fresh and hot! hand crafted just for you. it's like a sexy sandwich. [ anouncer ] compare new griddle melts yourself. just $4. it's like a sexy sandwich. it's an epic breakfast sandwich.

>> details are emerging in the apparent endings to the biggest manhunt in california history. the police scouring the area around big bear lake for days looking for christopher dorner, the revenge seeking ex-police officer and triple murder suspect and may have been hiding out in a cabin across from the police command post and yet a man believed to be dorner bolted from hiding and barricaded himself in another cabin. late in the day a furious shootout and a fire that burned that cabin to the ground. adam housley live from the big bear area today, adam. >> reporter: right now authorities say they're pretty confident that the remains inside that burned out cabin you alluded to are those of christopher dorner and you mentioned that chase up to that cabin. there's an unsung hero here, two cleaning ladies that came across dorner in the cabin and

clean it freshen it up, if you will and found them as they came inside and basically zip tied them and stole their car. one. women got away from the zip ties and called in the purple nissan and we talked to authorities and there was a good chance he might have been able to make it down the hill because a lot of people had start today dial back the search and felt he may be got away. and the fact she got the call and helped to track him down and ended up in that cabin and it's all about forensics and lapd says the 50 families watched closely just until the forensics come back and clear everything and as that goes on, of course, a solemn time in. talking about four people killed in the last nine days, the couple of course, in irvine, the daughter of the police officer in los angeles. the police officer sitting at a stop light on thursday evening, early friday morning that was killed and then-- i'm sorry, thursday early morning i should say killed from corona and then you had a riverside and then you had the

san bernardino county sheriff's deputy killed yesterday and four people killed and that riverside police officer that was killed at the stop light on early thursday morning he was laid to rest today. michael crain. that's taking place of course and megyn, we'll have another officer funeral coming up in a couple of days. as people were breathing a sigh of relief here, they're solemn about the fact that they've lost a couple of their best. >> megyn: absolutely, thank you. dorner evaded a massive manhunt in recent days and they start today win facebook fan pages, dozens of them with online followers cheering him on. and someone who feels different about mr. dorner, bill bretton, and you were headed up the police department in l.a. when this guy got fired and he was not happy with you, you why among the people listed in his manifesto, accused you of having a lack of ethics and conspiring to wrong a just individual. your lutz to his apparent

demise. >> surely as indicated by his actions, not just an individual, a murderer plain and simple. the facebook followers how sad for them, it's their idea. and he was basically found guilty of the charges leveled against him i fired him i was the chief of police at that time. that discharge was upheld by a california court that found no problems with the evidence presented and procedures and this individual that could not accept rejection like almost everybody does. they pick themselves up, dust themselves off and move on. >> megyn: so our viewers know, may not have been following that chosely accused another officer of police brutality and that claim was dismissed as unfounded and he was terminated for filing a false claim or complaint. and those to support them the lapd has a long history of racism in particular against black officers.

there was a piece in the l.a. times, an op-ed by someone named connie rice, a subculture that discussed there and mistreatment of black officer and you started changing things in the lapd. but did that exist and is that what could be behind some of this support for this man? >> i think that's exactly what's happening and that was the history of the los angeles police department. it was a racist organization, it was a brutal organization and it had awful relations with the african-american community. not all of its members. the majority of its members did not engage in that activities, but felt that the leadership tolerated it and one of the reasons they had two of the worst race riots in history. and over the time, the department has changed and is today one of the most

progressive. it is a minority-majority pirate. 40% latino, 15% african-american and 11%. asian representation, gay, lesbian trans sexual representation and 22% of the captains and above are african-american. >> megyn: what do you make of fact that they are reopening his case, you know, that he -- this whole thing that got the whole thing. they're reopening it, do you think that's going to stay reopened now that it's dead. >> it exemplifies the openness, if you will, the transparency of the organization saying look, we have nothing to hide. that he was charged, he was found guilty. the processes. all during this time the oversite of a federal judge so there's nothing to hide here. we're not ashamed of this action. he was found guilty and appropriately discharged and so this is chief beck's decision and i support it, i have no issues with it. technically reviewing my actions, i'm not concerned

about my action. >> megyn: the guy who got your old job. >> good guy. >> megyn: what do you make of now, as we leave this horrible thing behind us, how do the police, who were targeted, on the list, on security detail. how do they recover and move forward from this. >> i had an opportunity this morning to talk to several of them i know quite well, and congratulate them on getting out of house arrest. >> megyn: right. >> and in their homes almost a week now and they were very happy to begin the process to starting to emerge again. psychologically this is something unheard of that families are targeted. that's a line you don't cross. so it's even more egregious the actions of this individual that threatening the families, total innocence, not just the officers, but the families. so for him to be held up as some type of role model and his grievances as justified, his actionses, i'm sorry, is grievances in no way, shape or

form justify any of the things that occurred this past week. >> megyn: bill bratton thanks for being with us. >> thank you. >> megyn: and rudy guiliani and this is the man, cleaning up new york city, and los angeles, we're grateful to you sir. >> thank you. >> megyn: all the best to you. pope benedict's resignation, faced with a problem it hasn't had in nearly 600 years. our own shepard smith is live at the vatican next. [applause] [ female announcer ] research suggests cell health

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>> well, the cat arthritic-- the catholic church has a problem, how it plans to deal

with the unusual circumstance having two popes alive at the same time. shepard smith is live in rome. so, shep, what will the catholic church do with two popes, like a retired ceo calling up the new guy, i wouldn't have done it that way. >> they hope not and they will not be the case here. according to the church. the current pope will step aside actually on the 28th of this month and go to a papal retreat and at eight o'clock the papsy ends and 15th of march or so, give or take, call the cardinals in, elect a new pope and the new pope will be the new pope and that's it. the other problem, pope benedict will still write and pray and issue papers and of course, the new pope will do the same. and what some catholics are questioning now, there's a matter of significance to the church and one says one thing and another says another and then what do you do?

well, they only see it's not the case and everybody on the same page. there will be no split. be no overlap that everything will just be fine. >> megyn: does pope benedict have any sort of a say who the successor will be, does he take part in the conclave? >> no, in fact he won't be here at the time. he will stay in a small residence in the back of vatican city right over my shoulder, in a cloistered sort of area beyond the gardens, in the smallest city in the world and i won't participate at all. he says he will offer counsel if it's requested of him by the new pope whoever that turns out to be, but otherwise, no, staying out of it. >> megyn: and where does he live out the remainder of his days. he's fot goi is not going to be to the one of suburbs and eating pizza or the vatican?

>> a couple of days ago, they told us he'd be in the cloistered spot beyond the gardens, there's a papal retreat at the beach, a camp david for the popes and be at the beach. when i came for his audience this morning, some of our producers, amy kellogg was there as well he seemed very frail and he had a very difficult time getting around. and he said that his-- that he is, his strength is being sapped before his own eyes and started a year ago when he was in cuba and mexico on that visit and he said since then, he just is deteriorating mentally and physically and that's the reason he's doing this for the good of the church. he can't do all he believes the catholic church needs him to do so he's stepping aside. i think he's going to, i don't know, chill for a while and relax and pray and write. >> my last question for you, i actually studied abroad and

spent almost a year living in italy. and how do you get sent to rome and i'm sitting here in the new york studio? >> i think you were on vacation at the time, megyn. >> megyn: oh, two popes in a row, you've been sent to rome and i'm stuck in the studio i'll get you for this, shepard. >> i'm sorry. >> megyn: arriverderci. >> ar >>. and charles krauthammer suggested on the factor last night, that what the president wants is a european style social democracy and simply won't admit it. we'll debate that claim next. plus the heart attack grill may be facing problems after its spokesperson has a heart attack and dies after eating thele grill. >> do i have a moral conflict

serving people high calories, the caloric equivalence, i'm simply doing so with an honest message.

>> just a reminder for you, a memorial service for riverside police officer michael crain is underway right now in california, this is the national cemetery at riverside where hundreds of mourners are saying goodbye. officer crain was sot and

killed as he and his partner with at a red light, ambushed according to authorities by ex-cop chris dorner, we understand he was a marine corps veteran, two times in kuwait and leaves behind a wife and two children. conservative columnist charles krauthammer suggests last night before the state of the union address that what president obama really wants is a european style social democracy. government programs, high taxes and an equality for all mindset. here he is on the o'reilly factor. >> and what is president obama in the core, a community organizers, a man who wants to go against inequality to reduce inequality and to bring what the left-- he's a man of the left, will call social justice. what's the biggest model that have in the world? western europe. he's a european social

democrat. >> megyn: fair? joining me now ben ferguson founder of the icon radio program and ben ferguson show and sally kohn, a blogger and fox news contributor. >> megyn: your response, sally. >> i don't understand what's so european about ideals in the tradition of democratic and republican leadership the last several years, but poll after poll shows supported by the majority of americans, including, by the way, most republicans. i mean, most americans want to see inequality addressed, don't want to see our government continuing to just help the wealthiest of the wealthy and big business. most americans including most gun owners support common sense gun laws. most people think we have to pass citizenship for aspiring americans so i'm not entiring where this pot shot comes from. >> megyn: i think charles is speaking about the economic policy not so much the spanish

program. and i was talking to a liberal talking about this address and address being about economic fairness and government. >> look what the president did last night, proposed 20 new programs, to level the playing field and talked it should now be an american dream for you to work on minimum wage and him giving you certain mandated by the government, minimum wage was never created for a human being to support a family of four. it's a barely minimum job, and he's turning that into a great career path to stay on minimum wage and world of the world view he's got. if you have a lot of money ng i'm going to make sure that those who don't have any get it through a government program through me taxing it

more and bare minimums to show up for work and-- >> sally, were you making a face when ben was talking about the president thinking, you know, made enough money or so on. but his history of comments completely bears that out and here is just a sample of what we've pulled. >> right now, everybody is so pinched that business is bad for everybody and i think when you spread the wealth around it's good. >> we're not trying it push financial reform because we begrudge success that's fairly earned, i mean, i do think at a certain point you've made enough money. >> and in each instance when the rate dropped, revenues for the tax increased. the government took in more money and in the 1980's when the tax was increased to 28%, the revenues went down. so why raise it at all, especially given the fact that 100 million people in this country own stock and would be affected.

>> charlie, what i said was that i would look at raising the capital gains tax for purposes of fair neness. >> look, here-- >> fairness. >> look, we're a nation that was founded on the principle of fairness and idea that the people at the top and the bottom if they work hard should get ahead. i mean, if you want to make up things about the president that's fine, but the fact is, the president isn't talking about equality outcomes, he's talking about an equality of opportunity and hard working americans know the facts. that american businesses have become more profitable in the last generation, while wages have been stagnant or in fact adjusted for inflation, gone down. that's not fair, that's not fair. >> and this is exactly what i'm talking about, which is what you think. you think that any person that creates wealth, that any person that does it on their own somehow got some unfair advantage and so now. >> i'm not saying that at all. >> and change the laws so that-- you assumed everybody at the bottom is working hard trying

to survive. the president said it. he believes genuinely that there is a certain amount of arbitrary success that an american is allowed to have before he starts taking from that success and giving it it to people and then somehow their lives are going to be complete. that is not what made this country great. >> ben, you seem to think that everyone who is struggling to get by in this country is simply lazy. look, 25%. >> that's not what i'm saying, but you struggled to work hard, you can succeed. >> can i finish. >> go ahead. >> 25% of americans who learn low wages are working parents, earning the minimum wage or lower. you know, in this-- >> and how many are earning less than minimum wage. >> can i finish. >> megyn: let her finish, let her finish. >> the tip minimum wage for tip workers is 2.13 an hour and has been since 1991. ben, the reality in this quote, in this recovery we have been losing middle class jobs and increasing low wage jobs while profits at the top have gone up and businesses

are sitting on 2 trillion dollars in-- they're not using to create wages. now, i don't understand why conservatives want to defend the ability of the top to do well and don't want decent wages for hard working people, what's the problem. >> megyn: give him a chance to respond. >> listen to what i'm actually saying. barack obama said that if i own a business, he wants to mandate what i pay people. $9 an hour is a prime example. i worked for minimum wage in my life multiple times when i was younger, it was an entry level job and now as a small business owner, if the president says ben, i'm mandating that you pay this wage, i'm either going to cut hours which hurts the person you claim is working so hard, you claim is suffering, you claim is not getting a fair shake, well, why should i have to cut their hours? look at the facts, you raised minimum wage and hours get cut and jobs get cut, it hurts poor people. let them work and have a chance at futures instead of mandating some arbitrary

number. >> megyn: we have to lighten things up with the story about the heart attack grill. a good debate as always, you two. thank you ben and thank you, sally. >> thank you. >> megyn: coming up in a minute a possible fix for the past election day, how to avoid the frustration and chaos so many complained about in the long voting lines and one restaurant may be facing a super size liability after the unofficial spokesperson of the heart attack grill dies after heart attack and he's the second under official spokesperson to do so. that's next in kelly's court. >> got my heart attack burger with my double cheeseburger, and my fries and going to have a bypass. >> says right on the door hazardous to your health.

>> today another death connected to a restaurant known for unhealthy menu. a regular patron and unofficial spokesperson for the heart attack grill has

died after apparent heart attack. the 52-year-old suffering the heart attack right outside of the restaurant in las vegas. we're told he ate there daily from a member that includes flatliner fries and quadruple burger. and 10,000 calories. >> when he was eating it, pro he motoring it, hawking those burgers and fries, he was not on the payroll, but his picture was on the menu and on some of the clothing known as patient john. remember, burger joint has a hospital theme where the waitresses dress as nurses and if you eat too much wheel you out in a wheelchair. the owner of the heart attack grill warned john that he should not eat this way. john didn't listen and while he was waiting for a bus in front of the heart attack grill, he suffered a fatal heart attack. this is a place where if you weigh 350 pounds you eat free. as you said, they've got a

10,000 calorie burger, flatliner fries and butter fat shake, nonfiltered cigarettes and last year another unofficial spokesman died of a heart attack and that man was 29 years old. his picture he weighed 575 pounds and two years ago another customer had a heart attack in inside the restaurant and no one helped them. they took pictures and laughed and they thought it was part of a publicity stunt. john alman, 52 years old. the spokesman for the heart attack grill. >> megyn: unbelievable. thanks, trace. kelly's court is back in session. on the docket today, could the heart attack grill be in some legal trouble here? joining me now randy, a former and jonna spilbor. they've only been open two

years and they've had as many victims and more because some had a heart attack and didn't die. you tell me if there's a potential lawsuit against the restaurant and/or can the public health officials try to step in and shut this place down. yes, and yes. warnings on cigarette packs, smoking can kill you. labels on prescriptions, don't operate heavy machinery, pick everything you want. mcdonald's coffee cups, this cup may be hot. it's all about notice and when you try this case, you go ladies and gentlemen, on your opening statement, the name of this place is the heart attack grill. thank you. cross examination of the owner, please tell the jury the name of your establishment, the heart attack grill. thank you. no further questions. this man is on notice. it was clear to him that this could happen and it's happened before. and that's the end of the story. >> megyn: you say because the owner was on notice that people could die and were dying he could face liability, but he's going to point to the

sign. the people eat in patient, in hospital patient gowns. and they eat in hospital patient gowns after they walk past the signs saying the establishment. >> randy, you made my case because the name of the food. triple bypass burger, quadruple bypass burger, that's notice to the people putting their items in their mouth and you know, this is a sad case, don't get me wrong, we don't want to see people die. if you're going to consume in a single meal are enough calories to cover you for a week, you want to die. >> megyn: that's the quadruple burger, if you eat it they wheel you back to your car in a wheelchair. >> that's the world's most salaries, suicide by bacon. no one forced him to chew. he was chewing on his own. no liability on the part of the restaurant. >> megyn: the owner john basso comes out, randy, i told him if he keep eating like this, it's going to kill you. he's the only person i know who knows the risk more than i

do, he was here every darn day. can the owner, there is the owner in the doctor gear and the waitresses in nurse gear and wheeling people out to the scars with the sign. what more can he do? >> and megyn, nfl players wear football helmets. we've talked about before. what jonna is talking about, assumption of the risk, hey, you're on notice, you should know better, but assumption of the risk stops when someone has superior knowledge or may not be telling everybody everything. do we really expect these people to recognize that they could actually drop dead? >> randy it's no secret. >> just like the nfl, just like the nfl, assumption of the risk is not going to work here. >> megyn: all right jonna. >> it's no secret that obesity kills. heart disease is the number one killer in america. not a secret. we don't need a news flash for it. so if you go in there and voluntarily consume that kind of food on a regular basis, you're playing with fire and it's evident from this case. >> megyn: but can you make an

argument, i'm sure randy or counsel like him would, making light of it or making a joke of it is actually down playing the health hazard as this owner does, not only in the presentati restaurant, but the commercial he put out. >> i made incredible progress on the heart attack grill diet. a couple of months ago i was wearing these. >> no dangerous yo-yo syndrome, i personally guarantee a stable upward progression of body weight while you're enjoying great tasting foods like a double bypass burger and flatliner fries, along with a cold beer and cigarettes, it's a diet program that you could stick to for life. >> megyn: by the way, randy, we believe the first man in the commercial was the first unofficial spokesperson who died at age 29 of a heart attack. >> no question they're making light of it and cuts ott that they're serious and that people could die.

cigarette commercial, i couldn't remember the last time i saw somebody make a joke about that. nfl players, joke here, no way, no how does someone think after seeing the commercial or jokes made that they could actually die from eating a hamburger. >> megyn: and coming out and saying i thought was schtick. i'm no different from burger king or mcdonald's, that one burger is bigger and i'm serving the same stuff. no better or worst-- >> he's giving new meaning to the term super size me. and it's a quick analsy. personal responsibility. if a pregnant woman is sitting at a bar drinking a glass of wine or alcoholic, and something happens to the baby, is it the bartender's fault or the mother's fault. this is the same thing, you walk in there, you put your money on the table and you get your burger and you eat it a hundred times a year, something bad is going to happen. you know it, you do it anyway. >> megyn: two years, two fatalities, the odds are pretty good. >> yes, yes. >> megyn: randy, good job,

jonna, you too. >> all right. thanks. >> megyn: we'll be right back with something interesting. . r usual breakfast sandwich. a lot more flavor. [ anouncer ] ihop's new griddle melts... made fresh and hot! hand crafted just for you. it's like a sexy sandwich. [ anouncer ] compare new griddle melts yourself. just $4. it's like a sexy sandwich. it's an epic breakfast sandwich. .

>> president obama taking on the issue of voting delays in the state of the union address paying tribute to a special guest to highlight the problem. as congressional and state lawmakers consider ways to expand early voting and even online registration, senior correspondent eric shawn live with more. >> reporter: and last night's state of the union address president obama announced a new bipartisan commission to study wait times and said in the case of florida voters, a woman 102 years old and said she had to wait hours to vote. and in several states, ohio and virginia, and florida said

s is the longest, people just gave up and they're working on trying to solve the problem and he wants early voting days expanded and more polling places staffed and open for longer hours. >> we need to listen to people's demand for what they want and provide it to them and ensure and safeguard at that people that want to vote can vote, and that every vote does count but for most of us v voting went smoothly and a third of voters said they didn't wait at all. only about 13% said they waited more than 30 minutes. they said the average weight time in florida, well, 45 minutes. vermont voters were the luckiest only a two minute wait and in places where lines took hours, experts say change is needed. >> to really modernize our elections and bring them into the 21st century, we need to modernize our voter regular strigs system and minimal

national standards of polling places to ensure that no american has to wait more than one hour to vote and a critical part that have is a national standard for early voting as well. >> and by the way, the mit study says the average wait across the country, 13 minutes. megyn. >> eric shawn, thank you. >> coming up new details on a story we have been telling you about, a community going above and beyond to help a world war ii vet after a senseless crime. next.

well, a heartwarming update to a sad story we brought you a while back. a world war ii vet has returned home after two teens burglarized and ransacked his house. a home coming made possible thanks to volunteers who spent the past few weeks repairing the damage. the crime happened days after 93-year-old elbert wood buried his wife of 57 years. volunteers came together to repair the damage, also putting in a new roof and installing a security fence and surveillance cameras. they collected another $45,000 in donations to help elbert with any of his oth